34 U.S.C. § 10104 — Weed and Seed strategies

Page 29 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10104 tistics, the Office for Victims of Crime, and the Office of Juvenile Justice and Delinquency Prevention; and (6) exercise such other powers and functions as may be vested in the Assistant Attorney General pursuant to this chapter or by delega- tion of the Attorney General, including plac- ing special conditions on all grants, and deter- mining priority purposes for formula grants. (b) Annual report to President and Congress The Assistant Attorney General shall submit an annual report to the President and to the Congress not later than March 31 of each year. (Pub. L. 90–351, title I, § 102, as added Pub. L. 98–473, title II, § 603(a), Oct. 12, 1984, 98 Stat. 2078; amended Pub. L. 107–296, title II, § 236, Nov. 25, 2002, 116 Stat. 2162; Pub. L. 109–162, title XI, § 1152, Jan. 5, 2006, 119 Stat. 3113.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(6), was in the original ‘‘this title’’, meaning title I of Pub. L. 90–351, as added by Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1167, which is classified principally to this chapter. For complete classification of title I to the Code, see Ta- bles. CODIFICATION Section was formerly classified to section 3712 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 102 of Pub. L. 90–351, title I, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1170, described duties and functions of Administrator of Law Enforce- ment Assistance Administration, prior to the general amendment of part A of title I of Pub. L. 90–351 by Pub. L. 98–473. AMENDMENTS 2006—Subsec. (a)(5). Pub. L. 109–162, § 1152(a), inserted ‘‘the Office for Victims of Crime,’’ after ‘‘the Bureau of Justice Statistics,’’. Subsec. (a)(6). Pub. L. 109–162, § 1152(b), inserted ‘‘, including placing special conditions on all grants, and determining priority purposes for formula grants’’ before period at end. 2002—Subsec. (a)(5). Pub. L. 107–296 inserted ‘‘coordi- nate and’’ before ‘‘provide’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. EFFECTIVE DATE Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as a note under section 10101 of this title. § 10103. Office of Weed and Seed Strategies (a) Establishment There is established within the Office an Office of Weed and Seed Strategies, headed by a Direc- tor appointed by the Attorney General. (b) Assistance The Director may assist States, units of local government, and neighborhood and community- based organizations in developing Weed and Seed strategies, as provided in section 10104 of this title. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $60,000,000 for fiscal year 2006, and such sums as may be necessary for each of fiscal years 2007, 2008, and 2009, to remain available until expended. (Pub. L. 90–351, title I, § 103, as added Pub. L. 109–162, title XI, § 1121(a), Jan. 5, 2006, 119 Stat. 3104.) Editorial Notes CODIFICATION Section was formerly classified to section 3712a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 109–162, title XI, § 1121(c), Jan. 5, 2006, 119 Stat. 3107, as amended by Pub. L. 109–271, § 8(n)(1), Aug. 12, 2006, 120 Stat. 767, provided that: ‘‘This section [enact- ing this section and sections 10104 and 10105 of this title and provisions set out as a note below] and the amend- ments made by this section take effect with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter.’’ ABOLISHMENT OF EXECUTIVE OFFICE OF WEED AND SEED; TRANSFERS OF FUNCTIONS Pub. L. 109–162, title XI, § 1121(b), Jan. 5, 2006, 119 Stat. 3107, provided that: ‘‘(1) ABOLISHMENT.—The Executive Office of Weed and Seed is abolished. ‘‘(2) TRANSFER.—There are hereby transferred to the Office of Weed and Seed Strategies all functions and ac- tivities performed immediately before the date of the enactment of this Act [Jan. 5, 2006] by the Executive Office of Weed and Seed Strategies.’’ § 10104. Weed and Seed strategies (a) In general From amounts made available under section 10103(c) of this title, the Director of the Office of Weed and Seed Strategies may implement strat- egies, to be known as Weed and Seed strategies, to prevent, control, and reduce violent crime, criminal drug-related activity, and gang activ- ity in designated Weed-and-Seed communities. Each such strategy shall involve both of the fol- lowing activities: (1) Weeding Activities, to be known as Weeding activi- ties, which shall include promoting and co- ordinating a broad spectrum of community ef- forts (especially those of law enforcement agencies and prosecutors) to arrest, and to sanction or incarcerate, persons in that com- munity who participate or engage in violent crime, criminal drug-related activity, and other crimes that threaten the quality of life in that community. (2) Seeding Activities, to be known as Seeding activi- ties, which shall include promoting and co- ordinating a broad spectrum of community ef- Page 30 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10104 forts (such as drug abuse education, men- toring, and employment counseling) to pro- vide— (A) human services, relating to prevention, intervention, or treatment, for at-risk indi- viduals and families; and (B) community revitalization efforts, in- cluding enforcement of building codes and development of the economy. (b) Guidelines The Director shall issue guidelines for the de- velopment and implementation of Weed and Seed strategies under this section. The guide- lines shall ensure that the Weed and Seed strat- egy for a community referred to in subsection (a) shall— (1) be planned and implemented through and under the auspices of a steering committee, properly established in the community, com- prised of— (A) in a voting capacity, representatives of— (i) appropriate law enforcement agen- cies; and (ii) other public and private agencies, and neighborhood and community-based organizations, interested in criminal jus- tice and community-based development and revitalization in the community; and (B) in a voting capacity, both— (i) the Drug Enforcement Administra- tion’s special agent in charge for the juris- diction encompassing the community; and (ii) the United States Attorney for the District encompassing the community; (2) describe how law enforcement agencies, other public and private agencies, neighbor- hood and community-based organizations, and interested citizens are to cooperate in imple- menting the strategy; and (3) incorporate a community-policing com- ponent that shall serve as a bridge between the Weeding activities under subsection (a)(1) and the Seeding activities under subsection (a)(2). (c) Designation For a community to be designated as a Weed- and-Seed community for purposes of subsection (a)— (1) the United States Attorney for the Dis- trict encompassing the community must cer- tify to the Director that— (A) the community suffers from consist- ently high levels of crime or otherwise is ap- propriate for such designation; (B) the Weed and Seed strategy proposed, adopted, or implemented by the steering committee has a high probability of improv- ing the criminal justice system within the community and contains all the elements re- quired by the Director; and (C) the steering committee is capable of implementing the strategy appropriately; and (2) the community must agree to formulate a timely and effective plan to independently sustain the strategy (or, at a minimum, a ma- jority of the best practices of the strategy) when assistance under this section is no longer available. (d) Application An application for designation as a Weed-and- Seed community for purposes of subsection (a) shall be submitted to the Director by the steer- ing committee of the community in such form, and containing such information and assur- ances, as the Director may require. The applica- tion shall propose— (1) a sustainable Weed and Seed strategy that includes— (A) the active involvement of the United States Attorney for the District encom- passing the community, the Drug Enforce- ment Administration’s special agent in charge for the jurisdiction encompassing the community, and other Federal law enforce- ment agencies operating in the vicinity; (B) a significant community-oriented po- licing component; and (C) demonstrated coordination with com- plementary neighborhood and community- based programs and initiatives; and (2) a methodology with outcome measures and specific objective indicia of performance to be used to evaluate the effectiveness of the strategy. (e) Grants (1) In general In implementing a strategy for a community under subsection (a), the Director may make grants to that community. (2) Uses For each grant under this subsection, the community receiving that grant may not use any of the grant amounts for construction, ex- cept that the Assistant Attorney General may authorize use of grant amounts for incidental or minor construction, renovation, or remod- eling. (3) Limitations A community may not receive grants under this subsection (or fall within such a commu- nity)— (A) for a period of more than 10 fiscal years; (B) for more than 5 separate fiscal years, except that the Assistant Attorney General may, in single increments and only upon a showing of extraordinary circumstances, au- thorize grants for not more than 3 additional separate fiscal years; or (C) in an aggregate amount of more than $1,000,000, except that the Assistant Attor- ney General may, upon a showing of extraor- dinary circumstances, authorize grants for not more than an additional $500,000. (4) Distribution In making grants under this subsection, the Director shall ensure that— (A) to the extent practicable, the distribu- tion of such grants is geographically equi- table and includes both urban and rural areas of varying population and area; and (B) priority is given to communities that clearly and effectively coordinate crime pre- Page 31 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10106 1 See References in Text Note below. vention programs with other Federal pro- grams in a manner that addresses the over- all needs of such communities. (5) Federal share (A) Subject to subparagraph (B), the Federal share of a grant under this subsection may not exceed 75 percent of the total costs of the projects described in the application for which the grant was made. (B) The requirement of subparagraph (A)— (i) may be satisfied in cash or in kind; and (ii) may be waived by the Assistant Attor- ney General upon a determination that the financial circumstances affecting the appli- cant warrant a finding that such a waiver is equitable. (6) Supplement, not supplant To receive a grant under this subsection, the applicant must provide assurances that the amounts received under the grant shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for programs or services provided in the commu- nity. (Pub. L. 90–351, title I, § 104, as added Pub. L. 109–162, title XI, § 1121(a), Jan. 5, 2006, 119 Stat. 3104.) Editorial Notes CODIFICATION Section was formerly classified to section 3712b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter, see section 1121(c) of Pub. L. 109–162, set out as a note under section 10103 of this title. § 10105. Inclusion of Indian tribes For purposes of sections 10103 and 10104 of this title, the term ‘‘State’’ includes an Indian tribal government. (Pub. L. 90–351, title I, § 105, as added Pub. L. 109–162, title XI, § 1121(a), Jan. 5, 2006, 119 Stat. 3107.) Editorial Notes CODIFICATION Section was formerly classified to section 3712c of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Another section 105 of Pub. L. 90–351 was renumbered section 109 and is classified to section 10109 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter, see section 1121(c) of Pub. L. 109–162, set out as a note under section 10103 of this title. § 10106. Community Capacity Development Office (a) Establishment (1) In general There is established within the Office a Com- munity Capacity Development Office, headed by a Director appointed by the Attorney Gen- eral. In carrying out the functions of the Of- fice, the Director shall be subject to the au- thority, direction, and control of the Attorney General. Such authority, direction, and con- trol may be delegated only to the Assistant Attorney General, without redelegation. (2) Purpose The purpose of the Office shall be to provide training to actual and prospective partici- pants under programs covered by section 10103(b) 1 of this title to assist such partici- pants in understanding the substantive and procedural requirements for participating in such programs. (3) Exclusivity The Office shall be the exclusive element of the Department of Justice performing func- tions and activities for the purpose specified in paragraph (2). There are hereby transferred to the Office all functions and activities for such purpose performed immediately before January 5, 2006, by any other element of the Department. This does not preclude a grant- making office from providing specialized training and technical assistance in its area of expertise. (b) Means The Director shall, in coordination with the heads of the other elements of the Department, carry out the purpose of the Office through the following means: (1) Promoting coordination of public and pri- vate efforts and resources within or available to States, units of local government, and neighborhood and community-based organiza- tions. (2) Providing information, training, and technical assistance. (3) Providing support for inter- and intra- agency task forces and other agreements and for assessment of the effectiveness of pro- grams, projects, approaches, or practices. (4) Providing in the assessment of the effec- tiveness of neighborhood and community- based law enforcement and crime prevention strategies and techniques, in coordination with the National Institute of Justice. (5) Any other similar means. (c) Locations Training referred to in subsection (a) shall be provided on a regional basis to groups of such participants. In a case in which remedial train- ing is appropriate, as recommended by the Di- rector or the head of any element of the Depart- ment, such training may be provided on a local basis to a single such participant. (d) Best practices The Director shall— (1) identify grants under which clearly bene- ficial outcomes were obtained, and the charac- teristics of those grants that were responsible for obtaining those outcomes; and (2) incorporate those characteristics into the training provided under this section.